HQ 0734783 - Country of origin marking of imported soccer balls; U.S. locality; close proximity; 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 734783

April 30, 1993

MAR-2-05 CO:R:C:V 734783 AT

CATEGORY: MARKING

Mr. Mark Harris
Accessory Coordinator
Umbro U.S.A.
25 East Court Street
Greenville, South Carolina 29608

RE: Country of origin marking of imported soccer balls; U.S. locality; close proximity; 19 CFR 134.46

Dear Mr. Harris:

This is in response to your letter dated August 19, 1992, requesting a ruling regarding the country of origin marking on imported soccer balls. Two sample soccer balls and photographs were submitted with your letter for review.

FACTS:

You indicate that your company intends to import soccer balls from either Pakistan or Denmark. Each soccer ball will be decorated with a foreign country's flag and colors throughout the panels of the ball and will have "94" screen printed in two locations. You indicate that the country represented on each ball will be different than the actual country of manufacture. The two sample soccer balls both have a single country's flag and colors (U.S.A. or Brazil) and "94" is screen printed in two locations on the ball. Each of the sample balls are stamped with the marking that you seek approval marked with the marking throughout the panels. Both are also of the are designed with is a multi-colored nylon bag with zippers at the top and left side panel. A hand strap and shoulder strap are also attached to the top and side panels of the bag. The phrase "USA 94" is printed on the top panel of the bag in blue lettering. The side panels of the bag are printed with the phrase "USA Umbro 1994" in red lettering. The phrase "94 to America" appears on the bottom of the bag in white lettering. The phrases employed on the bag are screen printed onto the bag in various print sizes and types. A fabric label is sewn into the inseam of the bag about 5 inches down from the top of the bag. The words "Charlestown, MA" are printed on the middle of the label in purple lettering approximately 4.5 point (a point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). Directly below, on the bottom of the label, the words "Made in Taiwan, R.O.C." are printed in purple lettering approximately 6 point.

ISSUE:

Whether the country of origin marking on the sample soccer bag, as described above, satisfies the marking requirements set forth in section 304 of the Tariff Act of 1930, as amended.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), provides that the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

In C.S.D. 89-91 (March 31, 1989), Customs determined that handbags should be marked by means of a fabric label sewn to the lining in a conspicuous place. In that case, the fabric label which was sewn into the inside seam of a suitcase was conspicuous because a potential purchaser would unzip the luggage and inspect the interior before making a purchase. Such inspection would immediately reveal the fabric label sewn into the inner seam. Similarly, in this case, a potential purchaser of the soccer bag would unzip the bag in order to inspect the interior before making a purchase. Based upon a visual examination of the bag, we find that the fabric label marked with the country of origin could be easily found by an ultimate purchaser upon opening the bag since the label is not deep inside the bag and is marked with the country of origin "Made in Taiwan, R.O.C." in a letter size (approximately 6 point) which is legible and can be easily read without strain.
The second issue presented in this case is whether the marking "Made in Taiwan, R.O.C." printed on the label is an acceptable country of origin marking due to the fact that U.S. references appear on both the fabric label and outside panels of the bag (top, side panels and bottom).

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality other than the country of origin appear on the imported article, special marking requirements are triggered.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name or city or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods.

The application of the special marking requirements set forth in section 134.46 is triggered by the presence of the words "Charlestown, MA" printed on the fabric label and the phrases "USA 94" printed on the top, "USA Umbro 1994" printed on the side panels" and "94 to America" printed on the bottom of the bag.

Examination of the fabric label reveals that the country of origin marking "Made in Taiwan" printed directly below in lettering approximately 6 point is in close proximity to the U.S. reference "Charlestown, MA" printed in lettering approximately 4.5 point and is in at least a comparable size. Accordingly, the fabric label satisfies the marking requirements of section 134.46 and it is an acceptable country of origin marking.

With respect to the U.S. references printed on the outside panels of the bag, as described above, we find that the special marking requirements set forth in section 134.46 are not triggered. In HQ 732412 (August 29, 1989), Customs considered whether jeans with the word "Kansas" on a fabric label attached to the rear right pocket "Kansas Jean" on rear pocket snaps, "Kansas" and "Kansas Jeans Navy Wear" printed on a leather label attached to the front right pocket, and a stylized "K" and the word "J. Kansas" decorating the front button, but marked with their country of origin on a fabric label sewn to the waistband, met the country of origin marking requirements of 19 CFR 134.46. Noting that Customs often distinguished those special cases in which the circumstances were such that reference to a place other than the country of origin on an imported article would not confuse the ultimate purchaser as to the true country of origin, i.e., design/decoration use of locality name, and finding that the country of origin marking was conspicuous in that it appeared in a usual place, in lettering sufficient to be easily found and read, Customs determined that the U.S. references did not trigger the marking requirements of section 134.46. See also, HQ 723604 (November 3, 1983) ("USA" letters on men's bikini-style swimming trunks did not trigger marking requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not be reasonably construed as indicating the country of origin of the article).

Similarly, in this case, we find that the U.S. references printed on the outside panels of the soccer bag would not be reasonably construed by the ultimate purchaser as being the country of origin of the bag but would in fact only be considered as being part of the design of the bag itself. Also, as stated above, the bag is conspicuously marked with the country of origin by means of a fabric label sewn into the inseam of the bag. Accordingly, the special marking requirements provided in section 134.46 are not triggered.

HOLDING:

The submitted sample soccer bag marked with the country of origin, in the manner described above, satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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